INJECTO LTD Vs. CONTROLLER OF AID ACCOUNT

JUDGEMENT

(1.) The present appeal has been preferred against the order made by learned Single Judge in WP (C) 1639/1973 decided on 22nd March, 1988

(2.) A public notice No. 52-ITC(PN)/64 dated 24th June, 1964 was issued by the Ministry of Commerce inviting the applications for licence for import of machinery, components thereof, equipment, other commodities and raw materials from the U.S. under AID Loan 103. It is the case of the appellant that he had applied under the said Scheme and the licence was issued and the goods were shipped from USA by the exporter. It is pointed out that unfortunately on account of Indo-Pak War in the year 1965, cargo was seized at Karachi by the Government of Pakistan. In view of the scheme the application was made for release of funds.

(3.) In the affidavit in reply filed by Mr. P.V. Vasudevan, Controller of Aid Accounts and Audit, it is pointed out by the deponent in para '3' that the company did not give complete documentation in respect of its import as stipulated in the licensing conditions and its cargo was not aid-financed. It is also indicated that documents such as Suppliers' detailed invoice, Source and Origin certificate from supplier, Evidence of shipment were produced before the competent authority to examine the claim of the appellant. It is contended by learned Counsel for the appellant that the three documents indicated hereinabove clearly show the "emblem aid" and in view of this there was sufficient material to come to conclusion that the licence was issued under the Aid Scheme, goods were imported under the said Scheme and therefore benefit ought to have been extended. It is also further submitted that funds have been received from the United States under the Scheme and the remaining amount has not been remitted back to the United States Government and is lying with the Union of India.